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HomeMy WebLinkAbout#4817-variances-2002 r • � • /%� O_�\? � � ' Y /O O � �b. - , ��� CITY of ORONO - ti � ��� �G'�' -� RESOLUTION OF THE CITY COUNCIL ��gg0j NO. � � 1 �° . � A RESOLUTION GRANTING VARIAl�'CES TO NTUNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 (C) _ FILE NO. #02-2772 `VHEREAS, John Crotteau and Donna Crotteau, (hereinafter "the applicants") are owners of� the property located at 1405 Sixth Avenue North within the City of Orono � (hereinafter "the City") and is legally described as follo�vs: "Exhibit A" (hereinafter "the property"); and `VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 15, 2002, at which times all persons desiring to be heard conceming this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City of Orono for variances to Municipal Zoning Code Section 10.56, Subdivision 16 (C) to permit construction of residential additions encroaching on a protected bluff and bluff impact zone, and to Section 10.23, Subdivision 6 (B) to permit construction of an attached gazaae located 20.5' to the side property line where a 30' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council .of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2772. 2. The property is located in the LR-lA (2 acre) One Family Lakeshore Residential Zonin� District. 3. The Orono Planning Commission reviewed t�is application on April 15, 2002 and recommended approval on a vote of 7� to 0 to pernut construction of residential additions wzthin the 30' top of bluff setback for the kitchen/entry way and bay additions. Page 1 of 7 : . � � ' ��� � O� O O �. CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��`9$EgH,� NO. _ � � 1 '� �_ 4. In a second motion the Planning Commission voted 5 to 2 to recommend approval of variances to permit a lakeside addition to the residence, creating a further encroachment into the bluff area. This portion of the project includes the 13' of additional encroachment for the living room expansion. It was the ' minority opinion of the Planning Commission that the proposed building addition could be reduced in size. There was also a question whether a building expansion towards the lakeshore constitutes a hardship. , ' S. The recommendations were based on the following findings and hazdships: A. The property is ten plus acres. All but approximately 4% of the lot is located either within wetland, the bluff zone, and the required setbacks. B. The present home was built in a legal location prior to the bluff ordinance. Any additions to the house would require variances. C. The site does not drain directly to the lake but rather to the 5-acre wetland located at the base of the bluff. D. The topography of the lot uniquely restricts the ability to make an addition onto any part of the building. E. No addition could be built on the house that would not fall within the impact zone. F. The area where the proposed lakeside additions are to be constiucted is relatively flat with less than a 2' drop from the existing exterior wall and the proposed wall of the addition. 6. Planning Cominission voted 7 to 0 to recommend denial of the variance to permit the garage addition to be located 20.5' from the side property line where a 30' setback is required. The recommendation of denial is based on the following: A. Any addition that would create a side setback encroachment for the principal building would be inconsistent with the development pattems intended for properties in the LR-lA zoning district. Page 2 of 7 i�� //� O� O O ��. CITY of ORONO � � � � �� G~' RESOLUTION OF THE CITY COUNCIL ��sH�4'� NO. � � � �' B. The property is a conforming lot. Variances should only be considered when there are no other reasonable options on a property. C. The garage addition could be shifted 9.5' to the west leaving a 30' - setback. -The impact on the house would result in the elimination of one garage door. The actual gazage space would not be reduced. The fact that the proposed gazage is attached to the house requires it to meet the ' r 30' setback for principal structures. D. A detached building 750 s.f. or less is only required to meet a 10' side setback. The detached building must have a minimum of 10' separation beriveen it and the principal building. Sliding the garage back to be 10' from the principal building also moves the garage back out of the 30' top of bluff setback, thus eliminating the need for any variances for the garage. 7. At the Council meeting of May 28, 2002 the applicants withdrew their request for variances to permit a side yard encroachment and bluff impact zone encroachment for an attached gazage. 8. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect tra�c conditions, light, air nor pose a fire hazard or other danger to neighboring property; would �not merely , serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hazdship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 9. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the DNR, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 3 of 7 . � , � � O � � - O O �. CITY of ORONO � .� � . ��� �G~' RESOLUTION OF THE CITY COUNCIL 9kES� , NO. � � 1 °� CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.56, Subdivision 16 C to permit ' construction of residential additions encroaching on a protected bluff and bluff impact zone per the revised site plans presented to the Council on May 28, 2002 including allowing expansion of the existing house west of the existing deck, subject to the following conditions: � 1. � Authorities granted by these variances run with the property not with the applicants, but aze permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (May 28, 2003). 2. Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. .. Page 4 of 7 /—�� � � � " � � - I� CITY of ORONO � `. �% - � / RESOLUTION OF THE CITY COUNCIL �kES_H� NO. __ � � � `�' � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of May, 2002. ATTEST: � // /SyG�L 1,�-L — GL./ (/•�'-�._/ " Linda S. Vee, City Clerk Barbaza A. Peterson, Mayor � � 1� P erty Owners TATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of May, 2002 by Bazbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. //� � ;,/���i.yLr.�� ' �/�—� �_. --: LINDA S.VEE Notary Public ��; �. Norn�Y Pusuc•MINNESOTA `.,�,,., My Canmissfon Expkes Jan.31,2005 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ��`�h day of --�.��-c , 200 2 by Linda S. Vee, City Clerk of the City of Orono, � a Minnesota municipal corporation and said instrument was executed on behalf of the City. ��� �G=� v '�`'���=� RACHEL DODCE Notary Public `: � NOTARY PUELIC-h11Nid�,OTA '"� � My Comm,ission Expires Jan.31,2QG5 .._.. Page 5 of 7 �'"� M • • ' ��_ '� O� . O O �. CITY of URONO � � � � ��� �p'�' RESOLUTION OF THE CITY COUNCIL �`9k'Eg� NO. � � � � � STATE OF NIINNESOTA COUNTY OF HENNEPIN On this �day of .���r� , 20vZ, �,�'t/'1 C�'' O-r��.2 D�u , /Y�/"/�� - personally appeared before me, who is personally known to me '/ whose identity I proved on the basis of �'Yll1� D�— �� whose identity I proved on the oath/affirmation, a credible witness ' and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. L � /� � �:��� Rar����o�c� �-- � /�/� '`.'� NOTARY p��°.LIC-MiP.NE':-OTA .' Nhr Commssion Expises Jan.31,2005 Notary Public ---- STATE OF MINNESOTA COUNTY OF HENNEPIN jr� n'�'JYi�'c- On this �� day of l.�►� , 20(`Z, (�C>b�v�C�. �'i`[� +-�p�z!_ personally appeazed before me, who is personally known to me ,/ whose identity I proved on the basis of �1(j1L D�--- whose identity I proved on the oath/�rmation, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. _�,_..:>.� ,�.. ._._�. � RACH�L DODGE �-��i��L � `�.(� � _ NpTARY PUBUC•MiNNE"07A 1'\l.. \� �,.�,,.� ���y Jet1.31,2005 Notary Public �`'�� . Page 6 of 7 Exhibit A . ' :. . . �� - . 4 � 1 7' � , � Par 1: That part of Lot 2, "Auditor's Subdivision � Phiaber 291, Heruiepin Coun�p, Minnesota", according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said � County, lying South of the Easter],Y e�ctension of the North line of T�-act A, Registered Iaad Survey I�Fo. 1379, files of Registrar of Titles, County of Hennepin; � � Par 2: That psrt of the 'Fo1loWing-described pro- ' � pertp: . _ That part of Goveramant Lot 1, Section 2b� and . that part of Goverr.ment Lot 1, Section 35, Toxn- . � ahip 118, Range 23, described as follous: ' Beginning at the Northuest cor�er of Lot 2, .f "Auditor�s Subdivision Nuraber 291, •Hennepin � . ' ' " County� Minnesota"; thence i�'est along the extea- �' • � aion of the I�'orth line of aaid Lot 2 and along ' �� ' the South line of Lot 2� said AwditorTs Sub- division, to the acst Kesterly line of Lot l, � asid Auditor�E Subdiviaion; thence South along . ' the extension of the most i�ester7,y line of Lot l� said Auditorts Subdivision, to the South • • line of said Section 26; thence West along tha . • . South line of said SecLion 26 ta its intersac- . � tion ti+ith a line rur.ning pess]1e2 to and 6?5 - • feet East of, r.�asured at right angZes to, the West line cf aaid Sectioa 26; thence South � elong tbe extension of said paralleZ line 67.1�6 � . feet; thence East� parallel to the h'orth liae . of said Section 35, a distance of 8Q fest; : thence South, parallel to the S,�est line of I,ot 2� said Auditor�s Subdivision, to the shore of Long '� � Iake; thence Southeasterlq along said shore to • � � its intersection uith the {Jest liae of Lot 2, �� ; said Auditor�s Subdivieion; thence North to the • � = point of beginning, except that portion thereof• . � embraced in P.egistered I,and Surveys Nos. 934 � , and 13?9; and except�tt�at part of Governnent Lot • � l, Section 35, 1�*ing Nest of a line and its • '� Souther],y extension dravn parallel xith aad � � distant 11,A feet East from the East liae of . "Albee�s Loag Lake Additiou"� • . � lying Southerly of tha h•orth line of Tract A and its Easterl�y and M'esterly extensions, Registered Iand Survey No. 1379, files of Registrar of Titles� County of HenneFin, . . . Page 7 of 7 .